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Lionel StassarDirector of the Translation Department

National Employment Office (ONEM)

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WIKIPEDIA (Remand (detention)) : Remand (also known as pre-trial detention or provisional detention) is the process of detaining a person who has been arrested and charged with an offense until their trial.

47. Regrets the fact that further work remains outstanding in relation to pre-trial detention, administrative detention and the detention of minors, in respect of which standards in many Member States fall short of human rights and other international standards; recognises the need for an assessment of the effectiveness of non-legislative work on existing framework decisions, for widespread recognition of the problems with pre-trial detention law and practice across Europe identified as part of the Commission’s consultation, and for a commitment to revisiting the case for establishing minimum and enforceable standards in relation to pre- ...[+++]trial detention through legislative action; calls on the Commission to revisit the case for establishing such standards in relation to pre-trial detention, administrative detention and detention of minors through legislative action;

46. Regrets the fact that further work remains outstanding in relation to pre-trial detention, administrative detention and the detention of minors, in respect of which standards in many Member States fall short of human rights and other international standards; recognises the need for an assessment of the effectiveness of non-legislative work on existing framework decisions, for widespread recognition of the problems with pre-trial detention law and practice across Europe identified as part of the Commission’s consultation, and for a commitment to revisiting the case for establishing minimum and enforceable standards in relation to pre- ...[+++]trial detention through legislative action; calls on the Commission to revisit the case for establishing such standards in relation to pre-trial detention, administrative detention and detention of minors through legislative action;

In some Member States, a previous conviction can influence the decision on pre-trial detention: it can be considered a factor in the court's jurisdiction to refuse bail where the applicant is charged with a serious offence (IE), or pre-trial detention may be ordered if the suspect has been convicted in recent years (AT, EL, NL, SE).

The Commission considers that when Member States take previous convictions into account as a factor in the decision on pre-trial detention, the link between the criteria in the Framework Decision and the criteria in national law which are applied in this decision on pre-trial detention should be strictly assessed in the light of relevant Council of Europe recommendations[6] and the European Court of Human Rights case law.

15. Reiterates its concern that judicial procedures have still not been sufficiently improved as regards their efficiency and rules to ensure the right to a fair and expeditious trial, including the right to access incriminating evidence and trial documents in the early phases of proceedings and sufficient guarantees for all suspects; reiterates its serious concern at the excessively long periods of pre-trial detention, which can currently go up to ten years and become de-facto punishment without a trial; urges the TGNA to reform legislation in this regard in accordance with the European Convention on Human Rights and Council of Europe s ...[+++]tandards, bringing maximum pre-trial detention periods in Turkey into line with average pre-trial detention periods in the European Union; urges the government to continue its reforms and review the Anti-Terror Law and the Turkish Penal Code; recalls that Parliament's Ad Hoc Delegation for the Observation of the Trials of Journalists in Turkey will continue to follow developments; is alarmed by the high number of juvenile prisoners – 2 500 – in the 12-18 age group;

F. whereas in some Member States a large part of the prison population is composed of persons in pre-trial detention; whereas pre-trial detention is an exceptional measure and excessively long periods of pre-trial detention have a detrimental effect on the individual, can prejudice judicial cooperation between Member States and run counter to EU values ; whereas a considerable number of Member States have repeatedly been condemned by the ECtHR for violations of the ECHR in relation to pre-trial detention;

F. whereas in some Member States a large part of the prison population is composed of persons in pre-trial detention; whereas pre-trial detention is an exceptional measure and excessively long periods of pre-trial detention have a detrimental effect on the individual, can prejudice judicial cooperation between Member States and run counter to EU values; whereas a considerable number of Member States have repeatedly been condemned by the ECtHR for violations of the ECHR in relation to pre-trial detention;

In some countries, a person can be held in pre-trial detention for up to four years Excessively long periods of pre-trial detention are detrimental for the individual, can prejudice judicial cooperation between Member States and run counter to EU values.

Underlines the fact that investigations of alleged coup plans, such as the ‘Ergenekon’ and ‘Sledgehammer’ cases, need to demonstrate the strength and the proper, independent and transparent functioning of Turkish democratic institutions and the judiciary; is concerned about excessively long pre-trial detention periods and stresses the need for effective judicial guarantees for all suspects; is concerned by the lack of progress in these investigations and notes that the recent detention of well-known journalists such as Nedim Șener and Ahmet Șık might lead to a loss of credibility of these trials which should, on the contrary, strengthen ...[+++]democracy;

Pre-trial detention shall be regarded as an exceptional measure and the widest possible use should be made of non-custodial supervision measures. At present, however, EU citizens, who are not residents in the territory of the Member State where they are suspected of having committed a criminal offence are sometimes – mainly owing to the lack of community ties and the risk of flight - kept in pre-trial detention or perhaps subject to a long-term non custodial supervision measure in a (for them) foreign environment.

In no case may pre-trial detention be used as a punitive measure (52) The YCJA expressly provides that the court must take any time spent in pre-trial detention into account in the sentence it imposes (53) When calculating a custodial sentence, the court has the discretion to decide what weight to give pre-trial detention (54)

Based on the data from several countries, it was estimated that as many as 80% of EU nationals currently in pre-trial detention could be potentially subject to a pre-trial transfer order and application of alternative measure than pre-trial detention.

Moreover, the replies to a questionnaire on statistical data on the prison population, including pre-trial detention that the Commission drew up in 2003 at the request of the Italian Presidency, show that there are considerable differences between the EU Member States both as regards the rate of pre-trial detention per 100.000 inhabitants and the proportion of own nationals in relation to foreign detainees.

The Discussion Paper (of 24 April 2003), which was sent to a number of experts on pre-trial detention and alternatives to such detention in the EU Member States (and the then acceding countries), proposes, i.a., the introduction of a so-called European order to report to an authority as a non-custodial pre-trial supervision measures at European Union level.

The Discussion Paper (of 24 April 2003), which was sent to a number of experts on pre-trial detention and alternatives to such detention in the EU Member States (and the then acceding countries), proposes, i.a., the introduction of a so-called European order to report to an authority as a non-custodial pre-trial supervision measures at European Union level.

[3] Although linked to the legal framework of pre-trial detention and alternatives to such detention, the Commission Staff Working Paper does not enter into details on those questions, unless this is deemed necessary.

The first step was to draw up and send out a questionnaire on pre-trial detention and alternatives to such detention in order to identify possible obstacles to cooperation between Member States in this area.

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